06-24-2003 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION JUNE 12, 2003 Knudsen asked if the Planning Commission were inclined to deny this CUP request, what would be appropriate issues on which to base a denial. The Planner pointed out that issues of public safety may not be appropriate given the Fire Chiefs review of this matter. However, if the Commission had concerns with traffic flow based on the proposed location, that would be a legitimate basis for denial. Keis asked if granting the CUP would provided for annual Fireworks in this location. The Planner indicated that the CUP would run with the land. However, given the City's licensing authority for fireworks sales, the CUP could be tied to the annual renewal of the fireworks sales license. If the City has concerns with the operation from a public safety standpoint, as an example, and the license is not renewed, then the CUP would lapse. There was no one present from the general public wishing to comment on this matter. Roycraft asked about storage of the fireworks. The Planner noted that the applicant has indicated that all fireworks would be displayed on tables, and there would be no truck storage of excess merchandise. Once the sales period is over, any unsold product would be packed up and hauled away. Duray pointed out that there is no information on what the tent would look like. He noted all the redevelopment occurring in the area and expressed concern about the appearance of the fireworks tent. The City Planner indicated that there are architectural guidelines For this area, and if the Commission was so inclined, it could deny the outdoor sales tent based on non- compliance with those guidelines. Wojcik noted that the tent would only be up for a period of approximately ten days. Duray recommended denial of the Conditional Use Permit for sale of fireworks from a tent in the Market Place Shopping Center parking lot given that no information has been presented showing the appearance of the tent, that a tent would not comply with the architectural guidelines for this area, and based on safety concerns with the sale of fireworks from a tent. Motion seconded by Roycraft. Motion failed 3 to 4. Duray, Roycraft, Weihe voted in favor. Keis, Knudsen, Barraclough, Wojcik voted against.